HGK LANDMARK ALERT: AN HGK CASE!

END OF ‘IRREGULAR WORKPLACE LOCATION’ AND ‘SOME EMPLOYER EQUIPMENT IN THE CAR’ EXCEPTIONS TO ‘GOING AND COMING’ RULE DSK GROUP, INC., and ZURICH AMERICAN INSURANCE COMPANY v. HERNANDEZ, April 27, 2022, Case No. 1D19-2632 Claimant’s counsel: Kimberly A. HillE/C counsel: H. George Kagan  Issue. Whether §440.092(2) ‘going or coming’ exclusion precludes compensability of injury “going” …

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Latest Recognitions

I am generally reluctant to post as ‘news’ various annual industry recognitions I receive — seems so vain, and you’ve got more important things to read — but this one stands out in my mind, so I am sharing, along with a moment’s reflection.   For 2022, my small firm, H. George Kagan, P. A. …

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HGK Landmark Alert 2-28-2022

Court drops the other shoe on extremely close “arising out of” cases, paired with the 2/16/22 Silberberg v PBCSB decision;  Fall at work with zero material work contribution But also, zero worker contribution, equals… Compensable! “Clumsiness is covered.” Note: Though general applicability of these two cases is limited by their very narrow facts, they justify …

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HGK Semi-Landmark Alert

HGK Semi-Landmark AlertCategory of alert: New case affords important refresher course   Subject: Independent contractor injury during argued “construction industry” activity: statutory employee or not?The devil is in the details. Cabrera v. Kablelink Communications, LLC, 1D20-736, 2021 WL 4592086 (Fla. 1st DCA Oct. 6, 2021) [was to become final 10/21/21 but Claimant filed motion for …

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New HGK Case Law Notes

Opinion published: one of two pending appeals stemming from the same catastrophic injury claim, this one dealing with extraordinary procedure Claimant invoked toward obtaining alternative appellate relief. This case – and the Court’s opinion – is mainly about tactics and procedure. SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. …

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Landmark Case Alert: One time change/5 day rule under §440.13(2)(f), Fla. Stat.

Subject:   ‘One time change/5 day’ rule under §440.13(2)(f), Fla. Stat Disruption Factor:  Mild – for now – pending Supreme Court construction on Certified Question Upshot:   Modification (but not radical change) in construction of E/C’s responsibility to act, for now. Status;   Not final till rehearing period expires, but more important: case is certified to the Florida Supreme …

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Workers’ Compensation Questions for A Pandemic

In response to general inquiries from clients, the following are initial thoughts and opinions derived from relevant Florida Workers’ Compensation statutes and case law as applied to questions likely to arise during and after the unprecedented COVID-19 pandemic, including projections touching on novel circumstances.  Given Florida’s First District Court of Appeal issues opinions weekly construing …

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